DAR File No. 42354

Corrections, Administration

Rule R251-115

Contract County Jail Programming Payment

Notice of 120-Day (Emergency) Rule

DAR File No.: 42354
Filed: 12/01/2017 02:30:17 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to provide policy, procedures, requirements, and standards for the qualification and payment set by Section 64-13e-103 of the final state daily incarceration rate paid for Utah Department of Corrections approved programs for state inmates housed at contract jail facilities as funds are appropriated.

Summary of the rule or change:

This rule: 1) ties the programming rate, paid by the state to the county jails, to state statute rather than setting a rigid percentage of the daily incarceration rate; 2) clarifies that certain programs at county jails providing "pre-treatment" as a pre-requisite for entering a full program do not necessitate a licensed mental health professional, depending on curriculum; 3) changes the name of the Department of Corrections' screening committee to the treatment review committee; 4) clarifies that the Sex Offender Task Force approves potential providers to provide services in contract county jails; 5) changes the name of peer reviews to program facility reviews; 6) clarifies roles of IPD (Institutional Programming Division) and IPP (Inmate Placement Program); 7) adds risk assessments to the list of items reviewed as part of compliance reviews; 8) matches administrative rule to UDC practice and policy in providing 30 working days for a facility to outline a plan to bring non-compliance issues back into compliance with contracting requirements; and 9) clarifies the appeal process for jails to appeal non-compliance findings.

Emergency rule reason and justification:

Regular rulemaking procedures would cause an imminent peril to the public health, safety, or welfare; and cause an imminent budget reduction because of budget restraints or federal requirements; and place the agency in violation of federal or state law.

Justification: This rule dictates how dollars are to be spent in order to incarcerate and treat inmates in the various state-contracted county jails. It dictates how a county achieves and maintains "programming bed" status and how different rates are set forth depending on programming vs. non-programming bed status. There are public safety implications due to the nature of incarceration, inmate management, and treatment. There are budget implications since this implements the expenditures authorized by the legislature to fund jail contracting beds. There is state law calling for this rule to specify how programming rates and determinations are to be implemented.

Statutory or constitutional authorization for this rule:

• Subsection 64-13e-103(3)(b)(i)
• Section 64-13-10

Anticipated cost or savings to:

the state budget:

The fiscal impact to the state is legislatively dictated and is covered by a general fund appropriation.

local governments:

There is no fiscal impact to local governments.

small businesses:

There is no fiscal impact to small businesses.

persons other than small businesses, businesses, or local governmental entities:

There is no fiscal impact to other persons.

Compliance costs for affected persons:

There are no compliance costs for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

The fiscal impact to the state is legislatively dictated and is covered by a general fund appropriation. Businesses should not be impacted. If any impact, it would only be due to the state's policy decision to offer an incentive for jails to treat more inmates in their facilities, which could theoretically cut into the untreated clientele turning to private treatment providers in the community in the event they were left untreated and released from incarceration with an ongoing need for private sector treatment at a cost to the offender.

Rollin Cook, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Corrections
Administration
14717 S MINUTEMAN DR
DRAPER, UT 84020-9549

Direct questions regarding this rule to:

• Steve Gehrke at the above address, by phone at 801-545-5617, by FAX at , or by Internet E-mail at sgehrke@utah.gov

This rule is effective on:

12/01/2017

Authorized by:

Rollin Cook, Executive Director

R251. Corrections, Administration.

R251-115. Contract County Jail Programming Payment.

R251-115-1. Authority and Purpose.

(1) This rule is authorized under Sections 64-13e-103(3)(b)(i) and 64-13-10 of the Utah Code.

(2) The purpose of this rule is to provide policy, procedures, requirements and standards for the qualification and payment set by Section 64-13e-103 of Utah Code of the final state daily incarceration rate paid for Utah Department of Corrections approved programs for state inmates housed at contract jail facilities as funds are appropriated.

 

R251-115-2. Definitions.

(1) "contract state inmate" means an inmate who has been sentenced to the Utah Department of Corrections and is transferred to a contracted county jail facility for housing.

(2) "BOPP" means the Utah Board of Pardons and Parole.

(3) "DOPL" means the Division of Occupational and Professional Licensing.

(4) "final state daily incarceration rate" as defined by Section 64-13e-102(5) of the Utah Code.

(5) "IPP" means the Inmate Placement Program within the Utah Department of Corrections.

(6) "screening committee" means Utah Department of Corrections employees assigned to screen inmate-specific treatment and continuing care programs for validity and department need.

(7) "UDC/department" means the Utah Department of Corrections.

(8) "IPD" means the Institutional Programming Division.

 

R251-115-3. Programming Rate.

(1) Payment for UDC approved and legislatively funded substance abuse or sex offender programs in contract county facilities is pursuant to Section 64-13e-103 of the Utah Code. Establishing this rate is dependent upon the following conditions being met:

(a) the programming rate will only be paid for beds dedicated for department approved treatment. If a contract county jail includes a mix of treatment and non-treatment beds, the programming rate dictated by Section 64-13e-103 of Utah Code will only be paid for the beds dedicated to treatment.

(b) the department has sufficient funds appropriated to pay this rate for those beds in contract county facilities for department approved program services; and

(c) the department can pay this programming rate without impacting the total number of contract county jail beds the department can access during the fiscal year.

 

R251-115-4. Program Requirements and Standards.

(1) The following is the information that must be submitted to the department from a provider requesting consideration/approval for payment to provide a substance abuse or sex offender program at a contract county facility:

(a) evidence the program therapist(s) hold a valid license through DOPL to provide treatment in a mental health profession in the State of Utah in the event it is required based on the individual program's curriculum;

(b) documentation of program plans, progress reports, objectives, curriculum outline and performance measures;

(c) a copy of any assessment instruments that will be used;

(d) the number of inmates anticipated to participate in program services at any given time; and

(2) Pursuant to Section 64-13e-103 of the Utah Code, the program must be approved by the department, and approval is subject to the funds appropriated by the legislature.

(3) The department treatment review committee shall evaluate the information provided by a provider to determine its viability to assist the department in meeting its programming goals, based on the needs of the current inmate population.

 

R251-115-5. Program Provider Requirements.

(1) Potential providers for substance abuse or sex offender programs in contract county facilities shall:

(a) hold a valid license through DOPL to provide treatment in a mental health profession in the State of Utah, in the event it is required based on the individual program's curriculum;

(b) be pre-approved by the Sex Offender Task Force if providing sex offender treatment;

(c) adhere to the requirements as outlined by the laws of the State of Utah and department policy;

(d) appear in court or BOPP hearings, when there is reasonable notification, as needed without additional compensation; and

(e) provide reports as needed by the courts, BOPP or the department.

(2) County jail providers of sex offender treatment shall be in compliance with the UDC approved sex offender treatment program. Detailed structure/criteria of the UDC sex offender treatment program will be made available to county jail providers upon request. Approved county jail sex offender treatment programs shall be subject to at least yearly program facility reviews from the department's Sex Offender Treatment Program Director or designee.

(3) County jail providers of substance abuse treatment shall be in compliance with the UDC approved substance abuse treatment program. Detailed structure/criteria of the UDC substance abuse treatment program will be made available to county jail providers upon request. Approved county jail substance abuse treatment programs shall be subject to at least yearly program facility reviews from the department's Substance Abuse Treatment Program Director or designee or by a representative from the Division of Substance Abuse and Mental Health.

 

R251-115-6. Program Compliance Review Process.

(1) UDC program facility reviews shall be conducted at least yearly to review compliance with the UDC approved program curriculum and treatment protocols in accordance with the UDC sex offender treatment program or UDC substance abuse treatment program. Reviews shall include, but are not limited to:

(a) intake documents;

(b) discharge summaries;

(c) group and individual session notes;

(d) confidential notes; and

(e) risk assessments.

(2) A report showing the result of the program facility review will be submitted in writing to the jail commander within ten (10) working days of the review.

(3) If any noncompliance is cited, the jail commander shall have thirty (30) working days after receiving the report to submit a written plan to bring the program into compliance or to begin the appeal process.

 

R251-115-7. Program Noncompliance Appeal Process.

(1) The jail commander shall have thirty (30) working days to submit a written plan to bring the program into compliance

(a) after receiving the result of the program facility review citing noncompliance; or

(b) after a final decision is made on an appeal.

(2) The following is the appeal process for noncompliance:

(a) Within thirty (30) working days of receiving the report, the jail commander may appeal any cited noncompliance to the Director of IPD.

(b) The Director of IPD has five (5) working days after receiving the written plan or appeal to review, make a determination and inform the jail commander in writing of the noncompliance status.

(c) If the Director of IPD denies the appeal or rejects the written plan, the jail commander may appeal the decision in writing to the UDC IPP Director within five (5) working days of receiving the response from the Director of IPD.

(d) The UDC IPP Director has five (5) working days after receipt of the appeal from the jail commander to review and respond in writing to the jail commander with a copy of the response provided to the sheriff.

(e) Should the contract facility sheriff not be satisfied with the findings and response the jail commander has received after utilizing the two (2) level review/appeal process, the sheriff may request a review by the Executive Director of Corrections. This request shall:

(i) be in writing and be made within ten (10) working days of receipt of the decision received from the UDC IPP Director; and

(ii) specify why the responses provided in the first two (2) levels did not remedy the request.

(f) The Executive Director of Corrections has ten (10) working days to review the request from the sheriff and provide a final decision to the appeal. A copy of the Executive Director's decision will be distributed as appropriate.

 

R251-115-8. Program Appropriated Funds: Notice of Funding.

(1) Projections for the contract county facility programming funding shall be evaluated by UDC monthly by using the previous month's payments, the current month's billings, the remaining appropriated funds and the department's programming needs.

(2) The UDC shall notify each participating contract county facility if all appropriated funds have been expended.

(3) If the department projects these funds will be exhausted during the following month, those funds remaining shall be dispersed proportionally across all participating contract county facilities.

 

KEY: jail programming, jail contracting, county jails

Date of Enactment or Last Substantive Amendment: December 1, 2017

Authorizing, and Implemented or Interpreted Law: 64-13e-102